§ 46-211. Notice to withhold to the holder.

Prior Codifications

1981 Ed., § 30-511.

Effect of Amendments

D.C. Law 13-269 rewrote the section which had read:

"§ 46-211. Notice of withholding to the holder.

"(a) After issuance of the notice of intent to withhold, and the determination, against the obligor, of any objections raised by the obligor under § 46-210, but within 45 days from the date the notice of intent to withhold was issued to the obligor, the Clerk of the Court shall issue a notice to the holder.

"(a-1) In the case of immediate wage withholding, the Clerk of the Court shall issue a notice to withhold within 15 days of the date the support order is issued if the employer's address is known, or if the employer's address is unknown, within 15 days of locating the employer's address.

"(b) The notice issued under subsections (a) and (a-1) of this section shall explain the following:

"(1) The amount to be withheld for support and other purposes and that the amount to be withheld may not exceed the limits imposed under 15 U.S.C. § 1673(b);

"(2) That, if the holder is the obligor's employer, the holder must send the withheld amount to the Court at the same time the obligor is paid;

"(3) That the holder may deduct and retain an additional $2 for processing costs;

"(4) That the withholding is binding on the holder until further notice by the Court;

"(5) That the holder or employer may be fined in accordance with § 46-219(c) for discharging an obligor from employment, refusing to employ an obligor, or taking disciplinary action against any obligor because of the withholding;

"(6) That, if the holder fails to withhold earnings or other income as required under this chapter, the holder will be liable as specified in § 46-213;

"(7) That the withholding has priority as specified in § 46-208(a)(3);

"(8) That the holder may combine withheld amounts from more than 1 obligor in a single payment and separately identify the portion of the payment that is attributable to each obligor;

"(9) That the holder must withhold according to the requirements of § 46-212; and

"(10) That the holder shall give notice to the Court of termination of employment of the obligor as required by § 46-216."

D.C. Law 15-205, in subsecs. (a), (a-1), (a-2), and pars. (4) and (10) of subsec. (b), substituted "Court" for "Collection and Disbursement Unit".

D.C. Law 16-100 rewrote the section, which had read:

"(a) For support orders subject to immediate or initiated withholding, the Court shall issue a notice to withhold to the holder, which may be issued electronically if the holder can receive electronic notices, without providing prior notice to the obligor.

"(a-1) In the case of immediate withholding pursuant to § 46-207(a-1), the Court shall issue a notice to withhold to the holder within 2 business days of the date the support order is received, if the holder's address is known, or, if the holder's address is unknown, within 2 business days of locating the holder's address.

"(a-2) In the case of initiated withholding pursuant to § 46-208(c), the Court shall issue a notice to withhold to the holder within 2 business days of the date specified in § 46-208(c), if the holder's address is known, or if the holder's address is unknown within 2 business days of locating the holder's address.

"(b) The notice issued under subsections (a), (a-1), and (a-2) of this section shall explain the following:

"(1) The amount to be withheld for support and other purposes and that the amount to be withheld may not exceed the limits imposed under 15 U.S.C. § 1673(b);

"(2) That, if the holder is the obligor's employer, the holder must send the withheld amount to the Collection and Disbursement Unit at the same time the obligor is paid, except as provided in § 46-412(a) and (e);

"(3) That the holder may deduct and retain an additional $2 for processing costs, or, if applicable, an amount permitted under § 46-412(e);

"(4) That the withholding is binding on the holder until further notice by the Court;

"(5) That the holder or employer may be fined in accordance with § 46-219(c) for discharging an obligor from employment, refusing to employ an obligor, or taking disciplinary action against any obligor because of the withholding;

"(6) That, if the holder fails to withhold earnings or other income as required under this subchapter, the holder will be liable as specified in § 46-213;

"(7) That the withholding has priority as specified in § 46-208(a)(3);

"(8) That the holder may combine withheld amounts from more than 1 obligor in a single payment and separately identify the portion of the payment that is attributable to each obligor;

"(9) That the holder must withhold according to the requirements of § 46-212; and

"(10) That the holder shall give notice to the Court of termination of employment of the obligor as required by § 46-216."

Temporary Amendments of Section

For temporary (225 day) amendment of section, see § 2(d) of Child Support Enforcement Temporary Amendment Act of 1995 (D.C. Law 11-47, September 20, 1995, law notification 42 DCR 5506).

For temporary (225 day) amendment of section, see § 2(d) of Child Support Enforcement Temporary Amendment Act of 1996 (D.C. Law 11-148, May 20, 1996, law notification 43 DCR 4353).

For temporary (225 day) amendment of section, see § 7(h) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-103, May 8, 1998, law notification 45 DCR 3254).

For temporary (225 day) amendment of section, see § 7(k) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-210, April 13, 1999, law notification 46 DCR 3832).

For temporary (225 day) amendment of section, see § 107(k) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1999 (D.C. Law 13-57, March 7, 2000, law notification 47 DCR 1979).

For temporary (225 day) amendment of section, see § 107(k) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 2000 (D.C. Law 13-207, March 31, 2001, law notification 48 DCR 3238).

Section 3(l) of D.C. Law 16-42 rewrote section to read as follows:

"Sec. 12. Notice to withhold to the holder.

"A notice or order to withhold served pursuant to section 8a shall be issued in the format required by federal law and shall state the following:

"(1) The amount to be withheld, including any fee deducted and retained under section 13;

"(2) That the amount to be withheld shall not exceed the limits imposed under section 303(b) of the Consumer Credit Protection Act, approved May 29, 1968 (82 Stat. 163; 15 U.S.C. § 1673(b));

"(3) That the holder shall withhold from the obligor's earnings or other income the amount specified in the notice or order to withhold, pay the withheld amount to the Collection and Disbursement Unit within 7 business days after the date the income would have been paid to the obligor, and report to the Collection and Disbursement Unit the date on which the amount was withheld;

"(4) That the holder shall begin withholding no later than the first pay period occurring 10 days after the date the notice or order to withhold was issued;

"(5) That the holder may deduct and retain an additional $ 2 for processing costs or, if applicable, an amount permitted under section 13(e);

"(6) That the withholding is binding on the holder until further notice;

"(7) That the holder may be fined in accordance with section 20(c) for discharging an obligor from employment, refusing to employ an obligor, or taking disciplinary action against an obligor because of the withholding;

"(8) That, if the holder fails to withhold support payments from earnings or other income or remit these payments to the Collection and Disbursement Unit as required under this act, the holder shall be liable as specified in section 14;

"(9) That the withholding has priority over any other legal process under District law;

"(10) That the holder may combine withheld amounts from more than one obligor in a single payment and separately identify the portion of the payment that is attributable to each obligor;

"(11) That the holder shall withhold according to the requirements of section 13; and

"(12) That the holder shall give notice to the IV-D agency of a termination of the obligor's employment as required by section 17."

Section 5(b) of D.C. Law 16-42 provides that the act shall expire after 225 days of its having taken effect.

Emergency Act Amendments

For temporary amendment of section, see § 2(d) of the Child Support Enforcement Emergency Amendment Act of 1996 (D.C. Act 11-250, April 15, 1996, 43 DCR 2131), § 2(d) of the Child Support Enforcement Congressional Review Emergency Amendment Act of 1996 (D.C. Act 11-304, July 31, 1996, 43 DCR 4474), and § 2(d) of the Child Support Enforcement Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-31, March 11, 1997, 44 DCR 1904).

For temporary amendment of section, see § 7(h) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1997 (D.C. Act 12-222, December 23, 1997, 44 DCR 114).

For temporary amendment of section, see § 7(k) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-309, March 20, 1998, 45 DCR 1923), § 7(k) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-439, August 12, 1998, 45 DCR 6110), § 7(k) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-503, October 27, 1998, 45 DCR 8495), and § 7(k) of the Child Support and Welfare Reform Compliance Second Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-600, January 20, 1999, 46 DCR 1239).

For temporary repeal of D.C. Law 12-103, see § 13 of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12- 439, August 12, 1998, 45 DCR 6110).

For temporary (90-day) amendment of section, see § 107(k) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).

For temporary (90-day) amendment of section, see § 107(k) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13-177, November 2, 1999, 46 DCR 9678).

For temporary (90-day) amendment of section, see § 107(k) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-241, January 11, 2000, 47 DCR 581).

For temporary (90 day) amendment of section, see § 107(k) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 2000 (D.C. Act 13-446, November 7, 2000, 47 DCR 9213).

For temporary (90 day) amendment of section, see § 108(k) of Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-5, February 13, 2001, 48 DCR 2440).

For temporary (90 day) amendment of section, see § 3403(i) of Fiscal Year 2005 Budget Support Emergency Act of 2004 (D.C. Act 15-486, August 2, 2004, 51 DCR 8236).

For temporary (90 day) amendment of section, see § 3403(i) of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 D.C. Act 15-594, October 26, 2004, 51 DCR 11725).

For temporary (90 day) amendment of section, see § 3(l) of Income Withholding Transfer and Revision Emergency Amendment Act of 2005 (D.C. Act 16-167, July 26, 2005, 52 DCR 7648).

For temporary (90 day) amendment of section, see § 3(l) of Income Withholding Transfer and Revision Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-200, November 17, 2005, 52 DCR 10490).

Legislative History of Laws

For legislative history of D.C. Law 6-166, see Historical and Statutory Notes following § 46-201.

For legislative history of D.C. Law 11-170, see Historical and Statutory Notes following § 46-205.

For D.C. Law 13-269, see notes following § 46-201.

For Law 15-205, see notes following § 46-202.01.

For Law 16-100, see notes following § 46-201.